LESSON 18- PROCESSES AND LAWMAKINGSS.7.C.3.8 & SS.7.C.3.9

BELL RINGER

• Turn in your “Who’s got the power” then complete bell ringer.

• There is a law in the United States that makes it illegal to pay different wages to men and women if they perform equal work in the same workplace.

•How do you think this idea become a law?

OVERVIEWIn this lesson, students will learn about the specific processes for each branch of government and how laws are made at each level of government.

Essential Questions

• What are the processes of the three branches? How are laws made at each level of government?

 

NGSSS Benchmarks

• SS.7.C.3.8 Analyze the structure, functions, and processes of the legislative, executive, and judicial branches.

• SS.7.C.3.9 Illustrate the lawmaking process at the local, state, and federal levels.  

Learning Goals/Benchmark Clarifications

• Students will examine the processes of the legislative (e.g., how a bill becomes a law, appointment confirmation, committee selection), executive (e.g., executive order, veto, appointments), and judicial (e.g., judicial review, court order, writ of certiorari, summary judgment) branches of government.

• Students will compare local, state, and federal lawmakers (city/county commissioners/council members; state legislators [representatives and senators]; and U.S. congressmen/congresswomen [representatives and senators]).

• Students will distinguish among ordinances, statutes, and acts on the local, state, and federal levels.

• Students will compare and contrast the lawmaking process at the local, state, and federal levels.

BILL TO LAW

• There is a specific process for how an idea becomes a law and that process is one of many for the three branches of government.

• While you watch the video you need to write down any key words or phrases you hear that explain the process of how a bill becomes a law. List these key words or phrases in the box at the top of the activity sheet.

• https://www.youtube.com/watch?v=2nKyihoV9z8

Word/Term Part of Speech Definition

act noun legislation that has passed both houses of Congress, has been signed into law by the president, or passed despite his veto, and therefore becomes law

appointment noun job or duty that is given to a personappointment confirmation

noun the process of the Senate approving the president’s choices for certain positions within the government

bicameral adjective having two chambers (e.g. the two houses of Congress, the Senate and the House of Representatives)

bill noun a proposal for a lawCabinet noun people appointed by the president to head executive departments of government

and act as official advisers to the presidentChief Justice proper

nounthe head justice; the Chief Justice is “first among equals”

city commissioner or council member

noun a member of the governing body of a city

committee selection

verb how representatives and senators are chosen for their assigned committees

conference committee

noun a temporary panel composed of House and Senate members, which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve differences on major and controversial legislation.

constituents noun people public officials are elected to represent county commissioner or council member

noun a member of the governing body of a county

court order noun a formal statement from a court that orders someone to do or stop doing something

executive order noun an order that comes from the U.S. President or a government agency and must be obeyed like a law

home rule noun self-government by citizens at the local levelhow a bill becomes a law

noun the process of how a proposed law (“bill”) moves through Congress and the president in order to become a law

impeach verb to bring formal charges of wrongdoing against a public official (such as the U.S. President)judgment noun a formal decision given by a courtjudicial review noun the power of the judicial branch to review the actions of the executive and legislative branches

and determine whether or not they are unconstitutional (this includes laws passed by Congress); the U.S. Supreme Court case Marbury v. Madison established this power such actions are consistent with the U.S. Constitution

jurisdiction noun the right and power for courts to hear a case, interpret and apply the lawlaw noun a rule established by government or other source of authority to regulate people’s conduct or

activitiesmajority leader noun a position where a Member of Congress is elected by the majority party to serve as the chief

spokesperson for that party and to manage and schedule the business of either housemajority party noun the political party with the most elected membersmajority vote noun more than half (50%) of the votesmayor noun the head of government for a city or town minority leader noun a position where a member of Congress is elected by the minority party to serve as the chief

spokesperson for the party and to support the majority party in managing and scheduling the business of either house

minority party noun the political party second in the number of elected memberswrit of certiorari noun the procedure to see if the U.S. Supreme Court will hear a case; a writ of certiorari is issued when a higher level court agrees to hear an appeal of an inferior court’s decision

nominate verb to suggest a person for a position or office

ordinance noun a law enacted by a city or county affecting local affairs such as traffic, noise, and animal control

pardon noun the formal act of forgiving someone or excusing a mistakePresident pro tempore of the Senate

proper noun the person who presides over the Senate when the Vice President is not present

presidential appointment

noun the power of the U.S. President to choose members of his or her cabinet, ambassadors to other nations, and other officials in his or her administration

school board noun the group of persons elected to manage local public schoolsSpeaker of the House

proper noun an office identified in Article I, Section 2 of the U.S. Constitution; the leader of the U.S. House of Representatives, usually the highest ranking member of the majority party

special committee

noun a permanent committee established under the standing rules of both houses of Congress that focuses specific subject areas (e.g. Special Committee on Aging)

special interest groups

noun a group of people who are concerned with a particular issue and who try to influence legislators to act in their favor, also known as an interest group

standing committee

noun permanent committee that focuses on specific subject areas (e.g. Education and the Workforce Committee)

state legislator noun a member of the Florida House of Representatives (state representative) or Florida Senate (state senator)

state representative

noun a member of the lower house of a state legislature (the Florida House of Representatives)

state senator noun a member of the upper house of a state legislature (the Florida Senate)statute noun a law enacted at the state level summary judgment

noun a judgment decided by a trial court without that case going to trial; a summary judgment is an attempt to stop a case from going to trial

U. S. Representative

proper noun a member of the U.S House of Representatives; representatives are elected in districts throughout each state

U. S. Senator proper noun a member of the U.S. Senate elected to represent an entire state, there are two senators per state

veto noun a decision by an executive authority such as a president or governor to reject a proposed law or statue

LET’S WATCH BILL AGAIN!

• There is a specific process for how an idea becomes a law and that process is one of many for the three branches of government.

• While you watch the video you need to write down any key words or phrases you hear that explain the process of how a bill becomes a law. THIS TIME WRITE THE STEPS FOR HOW A BILL BECOMES A LAW IN ORDER!

• https://www.youtube.com/watch?v=2nKyihoV9z8

1. A Bill Is IntroducedA citizen writes or meets with their representative to share an idea for a new law. A member of Congress introduces legislation and becomes the sponsor. For this chart, the bill will begin in the House of Representatives.

 

2. Committee ActionWhen a bill is introduced, it is referred to a standing committee. When the bill reaches committee, the committee members—groups of Representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill back to the House floor.

3. Subcommittee HearingIf committee members would like more information before deciding if the bill should be sent to the House floor, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

4. Mark UpWhen the hearings are completed, the subcommittee may meet to "mark up" the bill; that is, make changes and amendments prior to recommending the bill to the full committee. If a subcommittee votes not to report legislation to the full committee, the bill dies. If the committee votes for the bill, it is sent to the floor.

5. Committee Action to Report A BillWhen the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representative

6. Debate & VotingWhen a bill is debated, Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on. If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.

7. Referral to the SenateWhen the House passes a bill, it is referred to the Senate, where it usually follows the same route through committee and floor action. This chamber may approve the bill as received, reject it, ignore it, or change it. Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.” If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to go to the President.

8. Conference CommitteeA conference committee is formed to reconcile the differences between the House and Senate versions. If the conferees are unable to reach agreement, the legislation dies.  

9. Final ActionAfter both the House and Senate have approved a bill in identical form, it is sent to the president. If the president approves of the legislation, he signs it and it becomes law. Or, if the president takes no action for ten days, while Congress is in session, it automatically becomes law. If the president opposes the bill he can veto it; or if he takes no action after the Congress has adjourned its second session, it is a "pocket veto" and the legislation dies.

10. Overriding a VetoIf the president vetoes a bill, Congress may attempt to "override the veto." If both the Senate and the House pass the bill by a two-thirds majority, the president's veto is overruled and the bill becomes a law.

BILL TO LAW – DIFFERENT LEVELS OF GOVERNMENT

• Bills that become laws can also be known as

• Acts (at the federal level)

• Statutes (at the state level)

• Ordinances (at the local level).

PROCESSES OF THE FEDERAL BRANCHES

Add this information to your activity sheet under the Legislative row.

• Committees in Congress allow for deliberation and debate with a reduced number of members rather than all of the members of either house debating ever bill.

• The committee system also reflects the notion that members need to spend time on issues important to their district in order to serve their constituents well.

• In their deliberations, committees hold hearings, conduct research, and write policy. Special interest groups often testify during these hearings in their efforts to shape legislation as it is being written. Some bills are not forwarded to the full house for a vote as the committee may recommend that a bill not receive further consideration. In other cases, the committee votes favorably on the bill and it is forwarded to the full house for a vote.

COMMITTEES• Standing - Permanent legislative panels that consider bills and

issues, Members of one house, and both parties

• Special - Performs a special function beyond the authority or capacity of a standing committee; Members of one house, and one party

• Conference - Temporary committee formed to reconcile differences in legislation passed by both chambers; Members of the House of Representatives and the Senate

• The majority party in each house determines committee selection. They determine the amount of members from each party and new Representatives and Senators are assigned to committees based on the available spaces.

LEARNING CHECK

• Thousands of bills are proposed each year and less than five percent of the proposed bills actually become laws. Explain why you think there is a low passage rate.

• Based on what you have learned, why do you think the process of a bill becoming a law at the federal level has many steps?

CAROUSEL ACTIVITY

• Look at the vocabulary box at the top of your activity sheet.

• With your group you will travel around the room to learn more about these key terms.

• After reading the information place the term in the appropriate branch of government. You will have only a few minutes at each station.

REPRESENTING

• Who’s your President? The president represents the people of the United States. His job is to make decisions in the best interest of the entire nation.

• Can you name the U.S. Senators from Florida? Senators serve the United States while making sure they keep the interests of Florida in mind.

• Project Senator Nelson (http://billnelson.senate.gov/) and/or Senator Rubio’s (http://www.rubio.senate.gov/public/) website and point out to students that on both sites there is information about Florida (stories, photos, maps).

• Why do both websites have so much information about Florida? They are the constituents, people politicians that have been elected to represent, of both senators.

• There are 27 U.S. congressional district in Florida. Do you know who is your representative?

WHO REPRESENTS ME?• Let’s do the first few together!

• At home you are going to research who your U.S. Representative and Governor are as well as local government information. Use the links on your worksheet in conjunction with the websites listed below.

• https://www.govtrack.us/congress/members/FL

• http://www.myfloridahouse.gov/Sections/Representatives/myrepresentative.aspx

• http://www.ppines.com/index.aspx?nid=105 (Note not all students live in Pembroke Pines, some will have to look up your city’s government webpage)

• http://www.broward.k12.fl.us/dsa/SchoolsByBoardMemb.shtml (Note our charter school is listed as Somerset Academy Middle)

• This is due next class.

SO, TELL ME WHO REPRESENTS YOU?• After conducting your research share some of the information you

learned while completing the research assignment.

• Why is it important to know who represents you? Do you think most people know this information? Why or why not? Should everyone know this information? How do lawmakers differ between levels of government? How are they similar?”

• Based on what you have learned during your research for the “Who Represents Me?” assignment, compare the primary responsibility of lawmakers at the federal, state, and local levels. Be sure to include information you researched related to your local city/county commission or council, state legislators and U.S. congressmen.

STATE AND LOCAL GOVERNMENT

• Copy the chart in your notes (Do Not Write on My Handout)

• Group Read – “The Great State” Intro

• Read “The State Legislative Branch” paragraph aloud.

• Based on what you have read, is the structure of the legislative branch at the state level different than at the federal level? What are the two houses of the state legislature called? Write the names of the two houses under the Legislative Branch.

• What is the job of the state legislature? Explain on your chart the function of the legislative branch.

• Members of the state legislature Florida House of Representatives and Florida Senate are also known as state legislators.

• Continue this process with the following two sections: “The State Executive Branch” and “The State Judicial Branch”.

PASSING LAWS AT THE STATE LEVEL• Take Notes in the Local Government Section of your Chart.

• In Florida, a city is recognized with certain rights and privileges, the most important being home rule. Home rule is self-government by citizens at the local level. Every city is governed or run by a group of people who make and change laws. These people run the city because the people in the city voted in an election to let them do so. The people elected to run the city are usually called mayor, councilmember or commissioner.

• The Florida Constitution recognizes that cities may enact their own laws, known as ordinances at the local level, as long as they do not conflict with state or federal law. In order to propose and vote on ordinances, city councils and commissions create a meeting schedule. Most councils or commissions meet monthly or bi-monthly. Although cities throughout Florida are different, there are common procedures for proposing and passing ordinances, as outlined in the Florida Statutes.

• Proposed ordinances must be presented to the council or commission in writing.

• A proposed ordinance can only be about one subject and that subject must be clear in the title of the proposed ordinance.

• 10 days prior to a vote on a proposed ordinance, a notice must be posted in a local newspaper that states the date, time, and place of the meeting at which the proposed ordinance will be voted on, the title of the proposed ordinance, and a place where citizens can view the full text of the proposed ordinance. This notice must also let citizens know that any interested or concerned citizens will have an opportunity to be heard during the meeting.

• During the meeting, only a majority of the city council or commission members are required to be present. This majority represents a quorum. In order for an ordinance to be passed, a majority of the quorum must vote in favor of it.

• Votes on the proposed ordinance are kept as official record.

• Any ordinance becomes effective as outlined in the proposal or 10 days after the vote.

FORMATIVE ASSESSMENT

• Using what you have learned in this lesson, write two informational paragraphs. In the first paragraph, summarize the lawmaking process at the federal, state and local levels. In the second paragraph, compare the three processes. Be sure to include specific evidence from your activity sheets, readings, and notes from direct instruction.

Making the Laws: The Legislature Lawmaking is central to U.S. government. The separation of powers and checks and balances system gives priority to the lawmaking process; legislators are elected at every level of government, which gives direct power to citizens in deciding who makes the laws.  

The United States CongressCongress today is comprised of a 435 member House of Representatives and a 100 member Senate. The Constitution guarantees each state two Senators and at least one member of the U.S. House of Representatives. Legislation must be passed by at least one half of the membership of each chamber voting to approve (218 in the House; 51 in the Senate). Proposed laws, or bills, are then considered by the president. Bills that are approved by the president become laws, which are called acts.

How Congress works: The committee systemCommittees in Congress allow for deliberation and debate with a reduced number of members than the

entire body. Trying to get 435 people to deliberate on a decision of national importance, or even 100, would be nearly impossible. The committee system also reflects the notion that members need to spend time on issues important to their district in order to serve their constituents well. Committees allow representatives to specialize on issues within a specific policy area. In their deliberations, committees hold hearings, conduct research, and write policy. Special interest groups often testify during these hearings in their efforts to shape legislation as it is being written. Some bills are not forwarded to the full house for a vote as the committee may recommend that a bill not receive further consideration. In other cases, the committee votes favorably on the bill and it is forwarded to the full house for a vote.  

There are five different committee types in Congress. Members serve each committee type from one or both houses and/or one or both parties. Information on parties in Congress is found below as follows:

How Congress works: The party leadership systemPolitical parties are mentioned nowhere in the Constitution. Still, political parties play key roles in the organization of Congress,

particularly committees. 

The Democratic and Republican parties are the only parties recognized in Congress. Members of Congress may be elected from minor parties, or be elected as independents (both situations are rare) although they are not granted leadership opportunities. 

There is a majority and a minority party in Congress. The majority party is determined based on which political party has the most members based on the most recent election. The minority party is the party with the lesser membership, also based on the most recent election. 

Majority parties in Congress enjoy unique leadership opportunities. For example, the majority party selects the Speaker of the House of Representatives, which is the only office chosen by Representatives named in the U.S. Constitution. The Senate majority party elects the “President pro tempore”, or “pro tem,” who serves in the absence of the Vice-President as president of the Senate. Majority party members also chair all standing and select committees, while the larger share of seats on each of these committees also comes from the majority party. Together, the majority party can guide the policy process because it holds leadership positions in each house, chairs all policy committees, and holds the majority on each of these committees. The Vice-President breaks ties in the Senate. 

Party membership also relates to the purpose of the committee. Special committees are limited to members of one house and one party because special committees work toward a particular party’s goal, such as shaping a party’s position on a proposed policy, or getting members of that party re-elected to that house of Congress in the next election cycle. Similarly, when the committee’s purpose is to address matters of importance to all Congress members, both parties are represented from both houses. Conference committees have members from both houses and both parties because these committees negotiate agreements on bill differences between the two chambers. As both chambers must agree on the same version of all bills passed by Congress, members of both parties and houses should participate in the discussion over any revisions so that, once compromise is reached, each of conference committee members will recommend to their respective houses and parties that they support the agreed-upon version.

The Florida LegislatureLawmaking in Florida follows a system similar to that practiced by the U.S. Congress.

There is both a committee system and party leadership system in each legislative house. Party leadership posts are assigned based on majority and minority party membership. The majority party leadership appoints standing committee chairs. Committees are structured so that the majority party in the house holds the majority of seats on each standing committee.  

Article IV of the U.S. Constitution guarantees to every state a republican (representative) form of government where the legislature and executive are elected by the people. Florida has a bicameral (two house) legislature comprised of a 120 member House of Representatives and a 40 member Senate. Both houses are term limited to eight years each, where members are allowed to serve eight years in each house (whether consecutive or non-consecutive terms) over their lives (total=16 years). House terms are two years each while Senate terms are four years each. Florida’s governor is limited to two four-year terms. The Florida legislature is a part-time legislature that meets 60 days each year beginning in early March and finishing in early May.  

Being a bicameral legislature, a majority of each house of the Florida legislature must agree on all proposed laws, or bills, introduced before being forwarded to the governor. Bills passed by the Florida legislature and signed by the governor are called statutes.

Enforcing the Laws: The Chief Executive

The Founders’ fear that public officials, especially executives acting alone, would abuse their power is reflected in the checks and balances system linked to the presidency. There is only one unchecked power given to the president. Many argue that this unchecked power is actually a check on the legislative and judicial branches.  

The President of the United States

The table shows how the president’s powers are checked by Congress.

Presidential Power

Congressional Check

Consequences

Chief Executive

Congress enacted laws

The president may ask Congress to enact a law that it does not want to enact

Commander-in-Chief of the armed forces

Congress declares war Congress raises and supports armies and navies

Congress may choose to reduce or eliminate part or all of the armed forces

Nominates high level officials

Senate confirms nominations; nominees who are confirmed are then appointed to their positions.

The Senate may reject presidential nominations The Senate may stall the nominations process The president may withdraw a nomination that he suspects will not be confirmed by the Senate The nominee may withdraws his or her nomination if he or she suspects that the nomination will be rejected by the Senate

Negotiates treaties

Senate approves treaties for ratification

The Senate may reject a treaty that the president has negotiated

Vetoes congressional bills

Congress may override a president’s veto with a 2/3 vote of each house of Congress.

The president may be compelled to enforce a law that he earlier rejected.

The president’s one unchecked power is the power to pardon. A presidential pardon cannot be vetoed or overturned, and may be viewed as a check on the courts or the legislature in that the president is pardoning someone who has already been convicted by the courts or who might later be impeached by the legislature. Gerald Ford is well known for pardoning former President Richard Nixon once he resigned the presidency on August 8, 1974 after the House of Representatives Judiciary Committee voted to recommend impeachment against Nixon on July 27, 1974. The presidential pardoning power does not extend to someone who has been impeached.  

The President’s CabinetThe president’s Cabinet was established in Article II, Section 2 of the U.S. Constitution, which states that:

The President of the United States….may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Office (Capitalization in the original). The Constitution does not provide for a specific number of, or duties for, Cabinet departments.

 

Each executive department head is titled “Secretary” with the exception of the Department of Justice, which is headed by the Attorney General. Department Secretaries must be confirmed by a majority vote in the Senate. Cabinet secretaries have no set terms of office although they normally resign should the president who nominated them leave office.

Here is a list of all current Cabinet departments in the order that they were created.

Department Name Year Created

Notes

State 1789 Originally named Department of Foreign Affairs in July 1789, and renamed Department of State in September 1789. The first female Secretary of State was Madeline Albright who was nominated by President Bill Clinton in 1996. As of 2013, there have been three female Secretaries of State (Madeline Albright, Condoleeza Rice and Hillary Clinton) and two African-American Secretaries of State (Colin Powell (2001-2005) and Condoleeza Rice).

Treasury 1789 A statue of Alexander Hamilton is placed outside the U.S. Treasury Department building to honor Mr. Hamilton as the first Secretary of the Treasury.

War 1791 Named the Department of the Army 1947Named the Department of Defense 1949

Office of Attorney General

1789 Named the Department of Justice in 1870; the first Hispanic Attorney General was Alberto Gonzales (2005-2007).

Interior 1849  Agriculture 1862  Labor and Commerce

1903 Renamed the Department of Commerce when the Department of Labor was created in 1913

Labor 1913 The first female Cabinet secretary was Frances Perkins who served as Secretary of Labor from 1933-1945, during Franklin Roosevelt’s presidency.

Health, Education and Welfare

1953 In 1979, the Department of Education was created, at which point the Department of Health and Human Services was created in 1980 as a department separate from Education.

Housing and Urban Development

1965 Former U.S. Senator Mel Martinez served as Secretary of Housing and Urban Development from 2001-2003) before resigning that position to run for U.S. Senate representing Florida, a position in which he served from 2005-2009.

Transportation 1966  Energy 1977  Education 1979 See Department of Health, Education and Welfare above; the U.S.

Department of Education has the smallest budget of all Cabinet-level departments.

Veteran’s Affairs 1988 The Department of Veteran’s Affairs was first formed as the Veterans Administration in 1930 and elevated to Cabinet-level status in 1988.

Homeland Security 2003 The Department of Homeland Security was created in response to the September 11, 2001 terrorist attacks on the United States.

Several positions hold Cabinet rank even though they are not secretaries of Cabinet level departments. These include the Vice-President of the United States, White House Chief of Staff, the Office of Management and Budget and the U.S. Ambassador to the United Nations.

The Florida GovernorArticle IV of the Florida Constitution outlines the Governor’s core duties

as follows: 

The supreme executive power shall be vested in a governor, who shall be

commander-in-chief of all military forces of the state not in active service of the United

States. The governor shall take care that the laws be faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government. The governor may require information in writing from all executive or administrative state, county or municipal officers upon any subject relating to the duties of their respective offices. The governor shall be the chief administrative officer of the state responsible for the planning and budgeting for the state.

 

The state lawmaking process is also similar to the federal process. There is a provision for an override of a governor’s veto requiring a 2/3 vote in each house.

 

The governor serves with a cabinet comprising three statewide elected officers: Chief Financial Officer, Attorney General, and Commissioner of Agriculture and Consumer Services.

Adjudicating the Laws: The CourtsThe U.S. court system is comprised of several parts. The U.S. Constitution creates the U.S. Supreme Court; all other courts, which are inferior

to the U.S. Supreme Court, are created, supported and mandated by Congress.  

The National Court SystemThe vague nature of the judiciary branch is that there is no set number of judges on the U.S. Supreme Court (Tradition keeps the number at

nine; this number is not a constitutional requirement) or on any other court, and there is no set number of courts. It is up to Congress to choose the number of U.S. Supreme Court members and on other courts. The U.S. Constitution requires that U.S. Supreme Court justices “hold their offices during good behavior” which translates to lifetime appointments unless removed by Congress.

Cases that are first heard by the U.S. Supreme Court (“original jurisdiction”) tend to involve disputes, which may include conflicts between two states, between the president and Congress, or cases where a state is a party. All other cases come before the U.S. Supreme Court in its role as the highest court of appeal. The U.S. Constitution is very specific as to which types of cases may come before it as cases of original jurisdiction, which cannot be rejected. The Constitution is otherwise vague as to which types of cases are to be heard on appeal. All cases are decided with a majority vote.

 

The bulk of the Court’s work is appellate cases. Any case submitted on appeal may be rejected; in a typical year, the U.S. Supreme Court is asked to grant a hearing (“writ of certiorari”) to approximately 10,000 appeals cases; it accepts about 1%, or 75-80 cases, which require four votes in order to be “granted cert”. For cases not granted a writ of certiorari, the decision made at the most recent court is deemed the final decision in that case. Cases decided by the U.S. Supreme Court may not be appealed.

 

The power of the courts changed considerably in the early 19 th century when the U.S. Supreme Court took on the role of interpreter of the U.S. Constitution. In Marbury v. Madison 5 U.S. 137 (1803) (Summary available at www.oyez.org, “Marbury v. Madison”), the U.S. Supreme Court decided that it had the sole right to decide whether an Act of Congress violated the U.S. Constitution. In essence, the Court decided that it had the power to make “case law” where the Court interprets what the U.S. Constitution means and whether, based on that meaning, a law is nullified because it is incongruent with the U.S. Constitution. This process of making law through cases has broadened the role of the U.S. Supreme Court because it gives the Court powers beyond those stated in the U.S. Constitution. Since Marbury v. Madison, the Court has also undertaken statutory review, where the Court decides what a law or statute means. In these instances, the Court is deciding what a law means and thus, how it should be implemented.

The Court System in FloridaThe court system in Florida is mixed. Judges presiding at the county and city level are elected, while Florida’s state court judges are appointed

through a merit retention system where they are appointed by the governor and retained every seven years by the people through a yes/no ballot. The court system is divided into multiple units including a supreme court, district courts of appeal, circuit courts and county courts. 

The following information is adapted from “Florida’s State Court System” available on the Florida Supreme Court “Public Information Link” (http://www.floridasupremecourt.org/pub_info/system2.shtml). 

The Supreme Court of FloridaFlorida’s highest Court in Florida is the Supreme Court, which is composed of seven Justices. At least five Justices must participate in every case and

at least four must agree for a decision to be reached. The Supreme Court must review final court orders imposing death sentences, district court decisions declaring a State statute or provision of the State Constitution invalid and other matters. The Court is responsible for disciplining and removing judicial officers.  

Lower Courts in FloridaThe Supreme Court never hears the bulk of trial court decisions that are appealed. Rather, three-judge panels of district courts of appeal review them.

In each district court, the district court judges within the district select a chief judge.

District courts of appeal may hear appeals from final judgments and review certain non-final orders. By general law, the district courts have been granted the power to review final actions taken by state agencies in carrying out the duties of the executive branch of government. District courts may issue summary judgments, which are judgments issued without a trial.

Decisions of the district courts of appeal represent the final appellate review of litigated cases. A person who is displeased with a district court's express decision may ask for review in the Florida Supreme Court and then in the U.S. Supreme Court, but neither tribunal is required to accept the case for further review. Most are denied.  

Most jury trials take place before one judge sitting as judge of the circuit court. The circuit courts are sometimes referred to as courts of general jurisdiction, in recognition of the fact that most criminal and civil cases originate at this level. The Florida Constitution provides that a circuit court shall be established to serve each judicial circuit established by the Legislature, of which there are twenty. Within each circuit, there may be any number of judges, depending upon the population and caseload of the particular area.

Circuit courts have general trial jurisdiction over matters not assigned by statute to the county courts and also hear appeals from county court cases. Circuit courts are simultaneously the highest trial courts and the lowest appellate courts in Florida's judicial system.

Florida Local Government Florida’s local governments are comprised of counties and municipalities such as cities, towns and villages.

An elected board of county commissioners governs in each of Florida’s 67 counties. Counties must carry out constitutionally mandated responsibilities and those established by the state. County-level constitutional services include law enforcement and jail administration, tax collection, property appraisal, state court administration and election supervision. Counties oversee road maintenance, public health, and solid waste disposal, among other responsibilities. County commissions determine other county services. Orange County, Florida’s county government is unique in that Orange County has a countywide elected mayor. Otherwise, Florida’s county commissioners choose their own commission chair from among their membership. Commission chairs oversee commission meetings.

Each county has its own school district that has elected school boards that govern the day-to-day operations of K-12 public education. School districts are a special-purpose local government. Funding is provided through property taxes and state revenues.

Florida also has special districts of which there are two types. Independent districts are created by the legislature for a specific purpose to be provided in a certain area such as water management districts, fire service, inland navigation, and ditch maintenance. The funding and governance of each is set by the legislature. Dependent special districts are created by cities and counties, are governed by the city or county elected commission, and derive their authority, funding and support from that government. There are about 600 independent and 300 dependent special districts throughout Florida.

Florida cities

Cities are independent municipal governments founded by citizens who choose its name. Ordinances are the laws that govern cities. The city charter serves as a constitution. The charter sets forth the boundaries of the municipality, its form of government, the size of the council and governmental processes. In Florida, the legislature approves the municipality through a special act, and the charter is approved by the citizens through a referendum.

In Florida a city is recognized with certain rights and privileges; the most important is home rule. Florida’s constitution recognizes that cities may enact their own ordinances and self-govern as long as the city’s law does not conflict with state and federal law. Home rule powers do not extend to fiscal home rule because the state reserves all taxing authority to itself.

Self-government at the city level occurs with mayors, who serve as cities’ chief executives, and city councils, who serve as city legislatures. City charters determine how much power mayors have. Some mayors function within “strong mayor” forms of government, while other cities utilize the “weak mayor” form of government. Rules regarding the length of terms, whether terms are limited, and, in how many persons will serve on city councils, are outlined in city charters.

County Courts Florida’s constitution establishes a court in each of Florida's 67 counties. The number of judges in each county court varies with population and caseload. To be eligible for the office of county judge, a

person must be eligible to vote in that county and have been a member of The Florida Bar for five years; in counties with a population of 40,000 or less, a person must only be a member of The Florida Bar to be a county judge. County judges are eligible for assignment to circuit court, and are frequently assigned within the judicial circuit that embraces their counties.  

The trial jurisdiction of county courts is established by statute. The jurisdiction of county courts extends to civil disputes involving $15,000 or less. The majority of non-jury trials in Florida take place before one judge sitting as a judge of the county court. The county courts are sometimes referred to as "the people's courts," because a large part of the courts' work involves citizen disputes, such as traffic offenses, misdemeanors, and small monetary disputes.